Generally, before a court certifies a class action, it must conclude that there are too many class members for them all to be named as parties in the lawsuit. Technically, class members do not “join” into the litigation, but decide to participate by not “optingout.” It is only in rare instances when a suit is filed as an “optin” class action. In those rare instances, a claim form or request to join form may be necessary. Ordinarily, the notice issued to class members in the usual suit for compensatory damages will tell the class if they need to take any action to participate. In a suit for compensatory damages, any class member who does not “optout” may be bound by the results of the litigation if it proceeds as a class action. If a class member should determine, however, that he wants to participate in the suit as a named party, he may hire his own lawyer and seek to intervene (participate) in the lawsuit.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified class action lawsuit lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local class action lawsuit attorney to discuss your specific legal situation.
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